Supreme Court Ruling Deals Big Blow to Unions

August 17, 2018

Earlier this summer, the Supreme Court ruled that public workers do not have to pay union fees if they choose not to join the union, potentially poking a significant hole in the unions’ pockets. The 5-4 decision, which included a vote from recent appointee Justice Neil Gorsuch, reversed the legal precedent set in 1977 that these fees are necessary to ensure unions may fight on behalf of all workplace employees. The Supreme Court majority, led by Justice Samuel Alito Jr., was not convinced, instead ruling that “forcing individuals to endorse ideas they find objectionable raises serious First Amendment concerns.” This means that government employees in Illinois, and nearly two dozen other states, now have the ability to opt out of union fees used to bargain over wages, pensions, health care, etc. The case that led to this ruling, Janus v. AFSCME, started in Illinois, with Governor Rauner leading the offensive.

According to Rauner, nonunion members pay about $737 per year in fees, an unavoidable due they are no longer required to pay. This could result in a large-scale movement away from union participation, decreasing their negotiating and political power. Illinois workers will be given the opportunity to modify their union status following the decision, and the state will begin withholding fees from paychecks of those who are nonunion members. Union supporters, such as the Democratic candidate for Governor J.B. Pritzker, felt that this was a personal attack by Rauner to take power away from the working class families in Illinois. Despite your political beliefs, one thing is for sure—this decision marks the beginning of a new era of union control and participation.

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